Rush hour on I-10 led to tragedy for a motorcyclist who lost control after one too many lane changes, as he was pronounced dead at the scene after being thrown from the vehicle. As far as possible, it was not theorized that anyone else was to blame for the crash. Sadly, motorcyclists will occasionally drive in a reckless manner that can cause injuries or even fatalities to themselves and others around them, but sometimes accidents are caused by automobiles, as well. If you have been injured in a motorcycle accident due to someone else’s conduct, you may be entitled to compensation.
Riding Can Be Dangerous
Texas accident statistics show a grim trend for motorcyclists. To be sure, 505 fatal crashes occurred in 2017, up from 501 in 2016 and 458 in 2015. The majority of all motorcycle accidents occur in urban areas, contrary to popular perception – in Texas, the top five most hazardous metro areas for cyclists were Houston, San Antonio, Austin, Dallas and El Paso, with these five making up a majority of the motorcycle accidents in the state for that year. Generally, motorcyclists are 27 times more likely nationwide to be killed in an accident than drivers and passengers in cars or trucks.
There are multiple reasons for these trends, and only part of it can be attributed to motorcyclists’ occasional recklessness – though behaviors like lane splitting do contribute to potential accidents. Part can be ascribed to the fact that motorcycles are simply harder to see for most automobile drivers, given their small size and commonly dark paint jobs. Another common reason is distracted driving or driving under the influence, either on the part of the motorcyclist or the automobile driver.
Compensation Can Be Hard to Get
While you may have legitimate injuries resulting from a motorcycle accident, it can sometimes be difficult to get the compensation you deserve for the other person’s recklessness because biases against motorcyclists still persist. Too many people, especially older people, may perceive motorcyclists as taking unnecessary risks and/or somehow ‘deserving it’ even when they have been shown to have conducted themselves appropriately.
It is still possible to hold a defendant driver liable, of course; simply be advised that you will have to have solid evidence for all the requisite criteria – namely that the defendant’s conduct breached the duty of reasonable care that all on the road owe to each other and that the conduct was the cause of the harm you suffered. You also must be careful regarding your own fault – Texas follows a modified comparative fault rule, meaning that if you (the plaintiff) are found more than 50 percent liable for your own injuries, recovery will be barred.
Contact a Knowledgeable Attorney
While the unfortunate motorcyclist on I-10 was judged to have been solely responsible for his accident, this may not be the case for you or a loved one. If you have been injured in a motorcycle accident, you deserve a fair hearing. Contact our dedicated New Braunfels motorcycle accident attorneys at the Bettersworth Law Firm today. We are happy to try and help you.